The Albuquerque Journal Editorial Opinion pages feature 5 types of opinion columns submitted for publication: those by the paper’s Editorial Board, those by the paper’s Community Council, those by Syndicated Columnists, those by Local Columnists and those by Local Voices.
“Local Columnists are tasked with carrying a heavy load of responsibility to help readers scrutinize issues impacting them, their community and their country. It is the Journal’s goal to publish columnists from all walks of life and varying political viewpoints to give readers exposure to all sides of local issues.”
All headlines for Albuquerque Journal guest opinion columns published are written by Journal editors and not the columnists.
On December 11, the Albuquerque Journal published on its editorial opinion page C4 the below “Local Columnist” opinion column by Bernalillo County District Attorney Sam Bregman:
JOURNAL HEADLINE: The Supremacy Clause does not give the federal government the authority to commit crimes
BY: Bernalillo County District Attorney Sam Bregman
This is a pivotal time for our state and country. As the Bernalillo County district attorney, it is my responsibility and duty to prosecute anyone who breaks the laws of New Mexico. Contrary to a recent op-ed, no one is above the law; not the president of the United States or federal agents who act outside the scope of their duties. Given what we are seeing in Minneapolis and across the country, it is dangerous and a complete distortion of the law for anyone to suggest that federal agents have complete immunity for their unlawful actions against our communities.
It is a basic tenet of federalism that the states retain their general authority to prosecute those who break state laws. The Supremacy Clause does not unilaterally give the federal government immunity from those state laws. Federal courts have recognized “… the Supremacy Clause was not intended to be a shield for ‘anything goes’ conduct by federal law enforcement officers.” The clause merely limits state prosecution against federal agents who are acting within the scope of their lawful, legal authority. Nothing in the Supremacy Clause, the U.S. Constitution or any federal statute vests federal agents with absolute immunity. In fact, the law recognizes that after federal courts have reviewed and determined federal agents have acted unreasonably outside the scope of their lawful authority, they are subject to state prosecution for their unlawful actions.
I am mindful of the very important and dangerous job that law enforcement officers have to protect our community. As I have repeatedly stated, I fully support our law enforcement officers who take up this dangerous calling. However, I will never abdicate my responsibility to prosecute anyone who acts outside the scope of their authority and breaks the law. That was my message to Immigration and Customs Enforcement that I reiterate now, to all federal agents and law enforcement officers operating in Bernalillo County and to the citizens who are terrified by what they are witnessing: If any federal agent takes action without a judicial warrant, probable cause or reasonable suspicion, they are violating the 4th Amendment of the federal Constitution, and are no longer protected by the Supremacy Clause. If that action violates applicable state laws, I will act accordingly.
The checks and balances between the states and the federal government are integral to the proper functioning of our form of government. Our Founding Fathers recognized in the 10th Amendment that the states and our citizens have inherent rights and authority to check the federal government’s overreach. Throughout our nation’s history, we have seen this balancing act play out: the Civil Rights movement, the Civil War and Alien and Sedition Acts. Even today, countless federal courts have recognized that right in rulings against the Trump administration’s overreach. When that system works and the federal government and states do their respective jobs, our citizens can take comfort and trust that their constitutional rights are protected. State leaders have taken an oath and have a constitutional responsibility to stand up, speak out and take action as we witness the potential degradation of our democracy.
I am proud to represent Bernalillo County and to stand up for the people of New Mexico. I have been fighting to protect our constitutional rights before state and federal courts for over 30 years. This is more than just politics. It is my duty. The people of New Mexico deserve to live their lives without the fear of federal agents unlawfully searching and detaining their children and neighbors.
Sam Bregman is the Bernalillo County district attorney and a New Mexico Democratic gubernatorial candidate.
The link to the Albuquerque Journal DA Sam Bregman column with Journal photo is here:
BREGMAN GIVES NOTICE WILL PROSECUTE ICE AGENTS WHO DETAIN, CONFINE OR RESTRAIN ANY PERSON WITHOUT A WARRANT
On January 21, Bernalillo County District Attorney Sam Bregman sent a letter to Immigration and Customs Enforcement (ICE) Assistant Field Office Director Bill Shaw and Customs Enforcement (ICE) placing the federal agency on notice that he will prosecute ICE agents who detain, confine or restrains any person in Bernalillo County without a warrant. DA Bregman emphasized that ICE agents could be prosecuted under New Mexico law for the felony of “false imprisonment”.
The full letter sent to ICE Assistant Field Office Director Bill Shaw is as follows:
“Dear Mr. Shaw,
I write to express my deep concern about ICE procedures and operations across the country. Videos and the accompanying reporting raise significant questions about ICE’s willingness and ability to comply with constitutional limitations while performing their duties. These incidents further undermine confidence in ICE leadership’s commitment to ensuring basic due process for the public that they serve.
ICE’s nationwide pattern of unconstitutional enforcement actions give rise to questions and unease about ICE activity in New Mexico. Specifically, certain activity by ICE agents reported in other states would be criminal under the laws of New Mexico.
False imprisonment is a felony under New Mexico law. NMSA 1978, § 30-4-3 provides: “False imprisonment consists of intentionally confining or restraining another person without his consent and with knowledge that he has no lawful authority to do so.”
There is no exception under New Mexico law for law enforcement officers who detain or restrain a person without lawful authority. Unless an ICE Officer has a valid warrant, lawful authority for restraint or detention under New Mexico and Federal law requires either reasonable suspicion or probable cause.
Therefore, any ICE agent who, without a signed warrant and without reasonable suspicion or probable cause, detains, confines or restrains a person in Bernalillo County may be subject to prosecution.
Please let me know if you have any questions or concerns.”
Sam Bregman
Second Judicial District Attorney
COMMENTARY AND ANALYSIS
There is absolutely no doubt that ICE is already present in Albuquerque and are taking very aggressive actions and taking people into custody. At least two eyewitnesses have reported seeing in Albuquerque ICE vehicles being transported into the city.
It was on July 7, 2025 that an altercation occurred between U.S. Immigration and Customs Enforcement (ICE) agents detaining and tasing a man inside the Albuquerque Walmart located at 2550 Coors Blvd. NW. The video taken of the incident reveals three ICE agents, two of whom are masked, subdue the man with a Taser and took him into custody. The 20-second video went viral and received national media attention. Protests erupted in the City over the ICE action
https://www.yahoo.com/news/video-ice-uses-taser-detain-182811140.html
Albuquerque and New Mexico are already on Trump’s radar to retaliate against. The Trump Administration has already falsely declared Albuquerque a Sanctuary City and is withholding millions of dollars in federal funding to the city. Recently, Trump declared New Mexico elections to be corrupt and rigged.
There should be no doubt that what Bernalillo County DA Bregman said about ICE tactics was necessary given the killings of two people by ICE in Minneapolis, Minnesota. There have already been protests in Albuquerque over the killings. The fact that the city and state are Hispanic minority-majority and strongly Democrat puts a target on our backs and makes it very likely ICE will soon increase enforcement actions here. The fact that New Mexico is a border state also increases the odds that New Mexico is on the Trump Administration’s radar for ICE enforcement action.
It is more likely than not the threat of prosecution of ICE agents by DA Bregman will embolden ICE to do even more in the State. What city and state residents should be concerned about is if the Albuquerque Police Department (APD), the Bernalillo County Sherriff (BCSO) and for that matter the New Mexico State Police will back DA Bregman up when the time comes and if they are prepared to react to ICE enforcement actions with tactical plans and arrest ICE agents who violate New Mexico law.
DA Sam Bregman and Attorney General Raul Torrez, and perhaps with the assistance of the New Mexico ACLU, would be wise to initiate a Federal Civil Rights class action lawsuit against the Department of Homeland Security and ICE as a preemptive strike to secure restraining orders requiring ICE agents to follow New Mexico law. The injunctive relief should include ICE being required to secure court orders to make arrests, wear body cameras during their operations and remove masks and identify themselves during their enforcement actions.
The actions of ICE need to be condemned and stopped in no uncertain terms and before New Mexico citizens are killed and the City and State become a national headline.